trial, or what circumstances would he? >> it seems unlikely, fredricka. now what the attorneys were trying to do was to get him a new trial under ineffective assistance of counsel grounds and that means basically that my lawyer messed up in common, plain english. the are problem is that this is a matter of trial strategy. briefly with regard to the trial, it was hotly contested testimony that was allowed in. hearsay testimony, right? there were his wife who went missing, was allowed to it testify from the grave saying, i fear him. he's going to kill me and, are guess what, she did die. his fourth wave, who he has not been charged for, as you noted, also statements were allowed in and harry smith, a divorce attorney from his fourth wife, was called by the defense, and the defense in eliciting testimony said on the stand could i -- this was his testimony as he testified. he testified that his fourth wave, stacy, called him and said, listen.